April 4, 2024

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IntelBrief: Recently Passed Hong Kong National Security Law Tightens Beijing’s Grip

AP Photo/Louise Delmotte, File

The Government of the Hong Kong Special Administrative Region’s (HKSAR) latest national security law was unanimously passed last month by Hong Kong’s 90-seat legislature. The Safeguarding National Security Ordinance, commonly known as Article 23, has sparked international concern over its potential to undermine civil liberties. Article 23 was first introduced in Hong Kong in 2002, but protests defeated the effort. The 2024 law follows the Chinese imposition of a national security law in 2020, following months-long protests over the proposed law to allow for extraditions to mainland China, which include penalties of up to life in prison for subversion, secession, terrorism, collusion with a foreign country, or external forces to endanger national security. Aimed at plugging alleged security gaps, Article 23 covers an even broader scope of vaguely defined crimes against Beijing under the umbrellas of treason, insurrection, theft of state secrets and espionage, sabotage endangering national security, and external interference, with some crimes subject to life imprisonment. New crimes that endanger national security are also covered under these umbrellas such as electronic attacks and sabotage. The law also allows for closed door trials and allows the police to detain individuals for up to 16 days without being charged.

Hong Kong’s Chief Executive John Lee has stated the necessity of the law to shield "potential sabotage and undercurrents that try to create troubles," presumably citing the pro-democracy protests that engulfed the area from 2019 to 2020. Though authorities state that the law received a 99 percent approval rating by the public, this number only represents 15 percent of the 90,000 submissions received in a similar exercise in 2003. The people of Hong Kong have noticed China's influence over HKSAR, with polling numbers dropping significantly from 71 percent voter turnout in 2019 to 27.5 percent in 2023. This is also likely attributed to Lee reducing the number of directly elected seats in the legislature from 90 percent to 20 percent. As HKSAR has increased its appetite for Chinese influence, Beijing has also stepped up its authority over the region. China has the power to interpret the Basic Law, Hong Kong’s mini-constitution, but has only done so in a handful of instances, one of which was related to Hong Kong’s national security. In 2022 China clarified Basic Law Article 14, that the Central People’s Government of China (also known as the State Council) is responsible for the defense of Hong Kong, to include the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region. This allows China to make “enforceable decisions” on “whether an issue of national security is involved.”

China’s involvement in Hong Kong’s national security over the last four years has had several implications on Hong Kongers, with the arrest of Hong Kong media tycoon and pro-democracy activist Jimmy Lai at the forefront. Lai founded the once-popular, pro-democracy newspaper, the Apple Daily, and was detained in 2020. He is currently on trial for “sedition” and “collusion with foreign forces,” charges which could land him in prison for life. Lai has pled not guilty to the charges against him; his supporters gathered around the courthouse in Hong Kong at the start of Lai’s trial in December 2023, and were met with a heavy police force. As of last month, nearly 300 people have been arrested under national security offenses since 2020, with 174 people and five companies charged so far. With the implementation of the 2024 national security law, the outcome for those charged appears increasingly dismal, especially as the scope of the law has widened and it increases the number of crimes for which people can be arrested.

The international response to the passage of Article 23 has been met with overwhelming opposition. UN High Commissioner for Human Rights Volker Türk stated, “For such important legislation, with a significant impact on human rights to be passed without a thorough process of deliberation and meaningful consultation is a regressive step for the protection of human rights in Hong Kong.” The U.S. Department of State Spokesperson Matthew Miller noted, “Enacting additional national security legislation with vaguely defined provisions and purported extraterritorial reach would further violate the PRC’s international commitments and undermine the ‘One Country, Two Systems’ framework.” In response to Article 23, the U.S. government stated it would impose new visa restrictions on some Hong Kong officials who took part in diminishing the “rights and freedoms” of the Hong Kong residents. The statement did not elaborate on which individuals would fall under these restrictions. Additionally, due to the passage of Article 23, the U.S.-funded Radio Free Asia (RFA) shut down its Hong Kong bureau last Friday over concerns about the safety of its staff. Bay Fang, RFA’s president, released a statement saying, “actions by Hong Kong authorities, including referring to RFA as a 'foreign force', raise serious questions about our ability to operate in safety with the enactment of Article 23.” The U.K. - of which Hong Kong is a former colony - also commented on the law, with Foreign Secretary David Cameron stating, “The overall impact of Hong Kong’s new national security law is that it will further damage the rights and freedoms enjoyed in the city. It undermines Hong Kong’s implementation of binding international obligations, including the Sino-British Joint Declaration and the International Covenant on Civil and Political Rights.” However, unsurprisingly, China has accused the UN and other Western countries of “slandering and smearing” following the criticisms of Article 23. Specifically targeting the U.K., Beijing’s foreign affairs minister called the U.K.’s comments “hypocritical and exercising double standards.”

The passage of Article 23 has demonstrated Beijing’s growing control over Hong Kong, and its desire to squash any remaining opposition. The ambiguity and large scope of this law allow for more people to be potentially charged for crimes Beijing deems are against national security. Article 23 shows that China’s efforts to have its national security policies prevail outside mainland China have been working in Hong Kong. As China continues to engulf Hong Kong with its policies, the idea of Hong Kong as a semi-autonomous region continues to diminish. Many expats left Hong Kong because of COVID-19; however, China’s firm hand has been a complaint from many that remained, including businesses. Hong Kong is no longer a place of geopolitical neutrality, a trait that attracted many businesses to it initially. Publications such as the New York Times, and Washington Post have relocated their regional offices from Hong Kong to other cities in Asia. As China’s economic growth has declined, much of the “brain drain” in Hong Kong is being replaced with Mainland Chinese looking for better jobs and greater freedoms. Though Hong Kong may offer some freedoms not available in Mainland China, Article 23 displays China's desire to continue tightening its grip on the area.